Got a lawsuit trying to force to sell my mineral interest. The surface owner wants the rest of the mineral interests. He owns 76.33 %. I own .0845%. The Lafevers wells stopped production in 2013. There is tanks and other stuff on the surface. and 3 unplugged wells I have no working interest. Has anyone ever heard of someone trying to force you to sell your small mineral interest?
In rare instances a partition of minerals is possible which could result in a forced sale. I’m curious now, do you have a case number?
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Oklahoma Statutes Citationized
Title 12. Civil Procedure
Chapter 28 - Partition
Section 1501.1 - Petition for Partition - Contents
Cite as: O.S. §, __ __
A. When the object of the action is to effect a partition of real property, the petition must describe the property and the respective interests of the owners thereof, if known.
B. 1. Except as provided for in this subsection, in any action involving the partition of a mineral estate, in addition to the requirements of subsection A of this section, the petition shall specify and the plaintiff shall establish at trial by a preponderance of the evidence that:
a. one or more of the co-owners of the mineral estate are frustrating the development objective of the plaintiff for the estate; and
b. an order of the Corporation Commission to pool and develop said minerals pursuant to Section 87.1 of Title 52 of the Oklahoma Statutes and a plan of unitization created pursuant to Sections 287.1 through 287.15 of Title 52 of the Oklahoma Statutes would not effectuate a realization of the development objective.
- The provisions of this subsection shall not apply to any action involving the partition of a mineral estate, if the person requesting the partition owns the surface estate or any part thereof and also owns an interest in the mineral estate.
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VC-2023-00004 FILED March 30 2023
If you have .8 acres on minerals that haven’t been produced for many years, it may be uneconomical to challenge.
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Yep I thinks that’s what the guy is banking on. 30 owners with less than 1% interest each.
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